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Second Dui

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Why A Second DUI Is Much Worse Than You Think

Do you know the consequences of receiving a second DUI? Something you need to understand if you have gotten a DUI already is the next one is going to be worse and you must care enough to not drink and drive. What I want to help you with is make you understand why getting a second DUI isn't just twice as bad but closer to 5 times as bad as the first DUI you received.

Something most individuals do not get is that in their first DUI they most likely got away with quite a bit and the reason is because you probably had an attorney that got you less than you really should have got. In certain areas of the country there are individuals getting DUI's and going to jail for 2-5 years just because their second DUI was a lot worse than the first one and in order to get them to understand what they are doing and how lucky they are to be living the judge is going to do all they can to make sure you don't forget what you just did.

The tough part regarding getting a second DUI is that you won't just be paying for a little more than the first one, often times you'll have to pay 4 or 5 times what you did the last time, one thing you must understand is that the payments you make will go up rather than having longer payments. What you should understand is that having a child in the car with you at the time you receive a DUI is almost a guaranteed license suspension, most likely you'll receive very large fines, and you will most likely spend a week or so in jail. Something you should never do is put a minor in danger and the reason this won't work is because often times an attorney won't even take on this case because they know you will get put in jail for endangerment to a minor.

The last thing you need to understand about why you do not want to receive a second DUI is that attorney costs will most likely increase as well.Usually if you utilize the same attorney you will receive a small discount but the problem is there is more work to be completed, you'll have to take counseling and alcohol classes, and sometimes you'll be ordered to do attend hearing with the Department of Motor Vehicles which means that your lawyer is going to charge you even more. What most individuals don't realize is the attorney you hire would like to help you get out of as much as possible but at the same time they understand you're already walking a fine line which they cannot push against because the judge will push back. Just understand that when it comes to receiving a second DUI the primary thing you need to do is hire an attorney for yourself.

About the Author

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Dui Driving

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Virginia Prince William County Arrested DUI Driving Under Influence Convicted Lawyers Attorneys

KEVIN RAY MITCHEM v. COMMONWEALTH OF VIRGINIA
COURT OF APPEALS OF VIRGINIA
January 12, 2010, Decided

On October 27, 2007, appellant was arrested for DUI, having been convicted of DUI on two previous occasions within the past ten years.  As a result, appellant was charged with DUI as a third or subsequent offense committed within a ten-year period, in violation of Code §§ 18.2-266 and 18.2-270.  At trial, the Commonwealth admitted into evidence, without objection, a certified conviction order of appellant's DUI in Fauquier County. In addition, the Commonwealth sought admission of a portion of appellant's DMV transcript to establish appellant's DUI conviction in Prince William County.  Appellant objected to the admission of the DMV transcript on several grounds.  The trial court admitted the transcript over appellant's objections.  At the close of evidence, appellant moved to strike the evidence, again arguing that without a conviction order, the DMV transcript was insufficient to show appellant's prior DUI conviction. The trial court denied appellant's motion to strike and found appellant guilty of DUI, third or subsequent offense, in violation of Code §§ 18.2-266 and 18.2-270.  Appellant Appealed.

Issues:

• Whether the trial court erred in admitting his Department of Motor Vehicles (DMV) driving transcript as proof of a prior conviction?
• Whether the trial court erred in denying his motion to strike the evidence?
• Whether the Commonwealth's use of the DMV transcript to establish its prima facie case violates the Confrontation Clause of the Sixth Amendment to the United States Constitution?

Discussion:

In this case appellant argues that applying Melendez-Diaz, this Court should find the trial court erred in admitting the DMV transcript without subjecting the preparer of the DMV transcript to cross-examination. Without deciding whether DMV transcripts are testimonial under the framework of Melendez-Diaz, we find appellant failed to make this argument in the trial court.  The trial court was not given any indication that appellant sought to cross-examine the DMV Commissioner regarding the accuracy of the transcript.  In fact, appellant's argument at trial was that the Commonwealth did not lay a proper foundation for admission of the transcript as a business record and that "generally speaking, it's not good enough." Rule 5A:18 requires that objections to a trial court's action or ruling be made with specificity in order to preserve an issue for appeal.  Appellant's objection, by its very wording, is a "general" objection and thus does not come close to the specificity required to preserve an issue for appeal.

Accordingly, this Court need not decide whether Melendez-Diaz applies to the facts of this case because appellant did not properly preserve the issue for appeal.  Because the requirements of Rule 5A:18 have not been met, we will not consider appellant's constitutional arguments.  Moreover, because appellant does not ask us to do so, and we may not invoke the ends of justice exception to Rule 5A:18 sua sponte, we hold that appellant waived his constitutional arguments and decline to consider them on appeal.  In this case, once the DMV transcript was admitted, the Commonwealth presented a prima facie case sufficient to prove appellant's prior DUI convictions. Appellant presented no evidence to rebut that presumption.  Accordingly, the evidence was sufficient to prove the instant offense was appellant's third DUI within a ten-year period.

Conclusion:

For the above said reasons, this Court finds Rule 5A:18 bars our consideration of appellant's argument that Code § 46.2-384 is unconstitutional.  This Court further finds the evidence was sufficient to convict appellant of driving under the influence, third or subsequent offense within a ten-year period, in violation of Code §§ 18.2-266 and 18.2-270.  Accordingly, this Court affirms appellant's conviction.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm's unofficial views of the Justices' opinions.  The original opinions should be consulted for their authoritative content

About the Author

The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts.  The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law.  The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Lynchburg County, Prince William County & Fredericksburg, Virginia.  The Maryland offices are in Montgomery County & Baltimore.  The Massachusetts offices are in Boston & Cambridge.  The New York office is in New York City.  The North Carolina Office is in Charlotte, NC which is in Mecklenburg County.  The California office is in Orange County, CA.

The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.

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Reason Why Someone Needs a Good Traffic Lawyer

Traffic tickets are a popular means for cities to generate revenue. Police officers patrol the area looking for offenders. They often set speed traps for unsuspecting motorists. As a result, people often find themselves with speeding tickets and moving violations while they are driving down the road. A good traffic lawyer is necessary for anyone who receives a speeding ticket or moving violation. Simply paying the ticket may be an option for those who do not have an ounce of doubt that they violated the law, but for others, a traffic attorney can help set the record straight.

Revenue

Cities make sizable revenue from traffic tickets. They offer pre-payment as an option, which many people take to avoid the hassle of going to court. As a result, the city makes more money for those offenses that are uncontested.

Legal Concerns

When a citizen receives a speeding ticket, the officer is usually prepared to write it before the person has even pulled over to the side of the road. By engaging the services of a traffic lawyer, the citizen may be able to prove they were not breaking the law, or not as severely as the officer claims. The lawyer may be able to point out the inaccuracy of the allegations or the unfair nature of the speed trap. There may be insufficient signage indicating the correct speed limit. Those with calibration problems and defective equipment also have a case.

Cost

Although a police officer may consider a traffic ticket a non-serious offense, the infraction stays on a motorist's record for several years, depending on the state and locality. It costs them money for the court costs, fines for the violation and time spent fighting it. The assumption is that the motorist will not contest it and simply pay the fine for the ticket. Insurance companies and auto clubs will often provide members and customers a discount for using specific attorneys to defray the costs and protect their clients' records.

Court

When contesting a ticket in traffic court, the motorists with traffic attorneys generally have their cases heard first. The traffic lawyer speaks the same language as the judge and can present evidence that most people representing themselves may never think of introducing. Defendants who do not understand the process are often left making decisions about whether to plead guilty or not guilty without knowing what it really means. Some may actually not realize the seriousness of the offense and not pre-pay the ticket and not show up for court. This often results in being tried in their absence and the judge ordering a warrant or capias for their failure to appear. With a traffic attorney representing the individual, this does not happen.

About the Author

If you are interested in Virginia Beach Lawyer, be sure to visit http://www.virginia-beach-attorney.com.

Drunk Driving Arrest

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Should any illegal alien arrested for drunk driving should it be mandatory for order of deportation at once?

Should any illegal alien arrested for drunk driving should it be mandatory for order of deportation at once & he banned for life from entering America again ?

so if that person is deported, they can easily come back illegally?

Dui Cost

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Understanding a DUI Cost

Driving under the influence (DUI) of alcohol or drugs, also known as driving while intoxicated (DWI), is a critical offense. All the 50 states of the United States and the District of Columbia think about it a crime. You may well face a DUI cost if you are caught driving with a blood alcohol concentration (BAC) of .08 per cent or additional. This is equivalent to around .08 g alcohol every 100 ml of blood.

Not So Quickly

Even if you have been not staggering or slurring your words, if your BAC exceeds the prescribed limit, then you are vulnerable to a DUI impose. Passing the field sobriety tests does not imply that you will be allowed to stroll apart scot free if your BAC is above the .08 percent threshold.

Just Adequate

If at any time you come across yourself faced with this kind of a charge, it is crucial that you locate a beneficial DUI lawyer at the earliest moment. Also, the testimony of just the police officer at the scene is good enough to grant you a conviction. Jail time, fines, and car or truck impoundments are all probably if you are convicted.

Lengthy Term Repercussions

Even if it is your first DUI ask for you could not afford to be complacent about it. It could possibly lead to your license staying revoked or installation of an ignition interlock device in your motor vehicle. DUI charges can also have an effect on your auto insurance rates and from time to time make it hard for you to locate proper coverage.

DUI laws can be difficult, but the suitable DUI attorney can enable weaken the situation against you and if you are lucky sufficient you may well get off with just a fine or community support. The DUI laws vary from point out to point out and so it is required to come across a neighborhood DUI lawyer who knows the loopholes that may perhaps support you stroll aside with out currently being hit too tough. Stricter DUI laws necessarily mean that you require a DUI attorney who will represent your ideal interests to the most extent achievable under the eyes of the law.

Ultimate Believed

Even if you do end up having convicted, recall to ask your lawyer about receiving the record expunged. This might not be doable in all states, but your lawyer will be aware of it.

About the Author

Digital Age Marketing Group, Inc. is a full service internet marketing firm that prides itself on unparalleled service and performance. We are committed to providing unbiased internet marketing advice and prudent strategies for growing your business. Our services are always tailored to your unique needs. We provide SEO optimization, sales lead generation, and Google local business center ad placement. Digital Age Marketing Group's search engine visibility is geared towards driving potential clie